DOJ: International treaty can trump Constitution

(Washington Examiner) Justice Department attorneys are advancing an argument at the Supreme Court that could allow the government to invoke international treaties as a legal basis for policies such as gun control that conflict with the U.S. Constitution, according to Sen. Ted Cruz, R-Texas.

Their argument is that a law implementing an international treaty signed by the U.S. allows the federal government to prosecute a criminal case that would normally be handled by state or local authorities.

That is a dangerous argument, according to Cruz.

“The Constitution created a limited federal government with only specific enumerated powers,” Cruz told the Washington Examiner prior to giving a speech on the issue today at the Heritage Foundation.

“The Supreme Court should not interpret the treaty power in a manner that undermines this bedrock protection of individual liberty,” Cruz said.